Plea In Karnataka High Court To Include Advocates' Parents As Dependents To Provide Medical Insurance

A petition has been filed in the Karnataka High Court seeking a direction to the Karnataka State Bar Council (KSBC) and the Bar Council of India (BCI) to take appropriate action to include Parents of Advocate as dependents in the model form provided by the State Bar Council to provide Medical insurance, Term insurance for Advocates. The petition filed by Advocate Ramesh Naik L states that...

Can't Be Taken Lightly: Karnataka High Court Refuses To Quash Proceedings Against Five For Allegedly Demanding Money To Withdraw PIL Against Mutt

The Karnataka High Court recently dismissed a petition filed by five persons seeking to quash proceedings initiated against them for allegedly demanding money from the Chief Administrator Officer of Ramachandrapura Mutt for withdrawing a PIL filed by Gokarna Hitha Rakshana Samithi against the Mutt, alleging financial irregularities.A single judge bench of Justice K Natarajan said,...

Karnataka High Court Weekly Round-Up: July 03 To July 09

Nominal IndexMother Marry College of Nursing & Others And The Registrar. 2023 LiveLaw (Kar) 248ABC And XYZ. 2023 LiveLaw (Kar) 249Francis Xavier Crasto And State of Karnataka. 2023 LiveLaw (Kar) 250Sridhar Kulkarni A And Union of India & ANR. 2023 LiveLaw (Kar) 251XYZ & ANR And Gurumanjunatha A S & Others. 2023 LiveLaw (Kar) 252K Srinivas Ganiga And Union of India &...

Karnataka Gram Panchayat Act | No Show Cause Notice For Removal Of Member Over Failure To Annually Disclose Assets U/S 43B: High Court

The Karnataka High Court has declared that no show-cause notice is required to be issued to a defaulting member of a Gram Panchayat under Section 43B(1) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 when there is no assets/liabilities declaration filed by him. Similarly, no hearing is required to be given before passing an order of removal from the office. Section 43B stipulates...

Section 92 CPC Procedure Not Applicable To Suit Instituted By Public Charitable Trust Against Third Parties: Karnataka High Court

The Karnataka High Court has held that a Public Charitable Trust is not required to take permission from the jurisdictional district court under Section 92 of Code of Civil Procedure (CPC), before filing a suit for permanent injunction against a third party. A single judge bench of Justice Suraj Govindaraj sitting at Kalaburagi bench dismissed the petition filed by Dr Narasimhalu Nandini...

Karnataka High Court Quashes Abetment To Suicide Charge Levelled Against Friend Of Dead Woman's Husband

The Karnataka High Court recently quashed abetment to suicide charges levelled against a man who was alleged to have caused the suicide of his friend's wife by making allegations on her character. A single judge bench of Justice M Nagaprasanna said none of the ingredients necessary to prove an offence punishable under Section 306 of IPC are made out. It observed,"For an offence to...

[Sedition] Citizens Have Right To Criticize Govt Policies But Can't Insult Constitutional Functionaries: Karnataka High Court In Bidar School Case

The Karnataka High Court last month quashing the proceedings initiated under Section 124-A (Sedition) of the Indian Penal Code (IPC) against four persons belonging to the management of Shaheen School in Bidar, said, “A citizen has a right to criticize or comment upon the measures undertaken by the Government and its functionaries, so long as he does not incite people to resort to...

Cruelty Allegations Uncontroverted: Karnataka HC Sets Aside Order Denying Divorce To Wife For Not Honouring Restitution Of Conjugal Rights Decree

The Karnataka High Court has allowed an appeal filed by a woman and set aside the order of the family court rejecting her plea for dissolving marriage, stating that despite the court allowing the application moved by the husband for restitution of conjugal rights, she had not returned to the matrimonial home. A division bench of Justice S G Pandit and Justice Vijaykumar A Patil, said...

Senior Citizens Act | Lawyers Allowed To Represent Parties Before Maintenance Tribunal, Karnataka HC Declares Bar U/S 17 Ultra Vires Advocates Act

The Karnataka High Court has declared Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which bars advocates from representing parties before the tribunals/forums constituted under the Act, as ultra vires of Section 30 of the Advocates’ Act, 1961. It has thus permitted Advocates to represent parties before the tribunal/forums. A single judge bench of Justice...

Karnataka HC Upholds Reduction Of Maintenance To 'Capable' Wife; Says She Can't Sit Idle, Can Only Seek 'Supportive Maintenance' From Husband

The Karnataka High Court has rejected a petition filed by a woman challenging the order of the Appellate court reducing the maintenance and compensation amount granted to her by the Magistrate court on filing of an application under section 12 of Protection of Women from Domestic Violence Act, 2005. A single judge bench of Justice Rajendra Badamikar observed that the petitioner-wife was...

Re-Issue Of Passport On Being Lost Cannot Be Done Without Registering FIR With Police: Karnataka High Court

The Karnataka High Court on Tuesday rejected a petition seeking direction to Regional Passport officer to re-issue petitioner's passport on him having lost the passport, without him registering a First Information Report with the police as is prescribed under the rules framed under the Passport Act. A single judge bench of Justice Krishna S Dixit while dismissing the petition of one...

S.452 CrPC | Seized Passport Cannot Be Withheld After Acquittal In Criminal Case Citing Pendency Of Appeal Period: Karnataka High Court

The Karnataka High Court has made it clear that on an accused being acquitted by the trial court, his passport cannot be withheld on the ground that period for preferring an appeal against the order of acquittal is yet to get over. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Francis Xavier Crasto and directed the concerned court to release his passport....